Trees add beauty, shade, and value to residential properties—but they can also be a source of significant disputes between neighbours. In New South Wales, unresolved conflicts about trees can be formally addressed through the Tree (Disputes Between Neighbours) Act 2006, which empowers the NSW Land and Environment Court to make legally binding decisions.

This legislation provides a structured process for resolving disagreements about trees that cause damage or pose safety risks, balancing the rights of landowners with the responsibility to maintain a safe and harmonious environment.

What Is the Tree (Disputes Between Neighbours) Act 2006?

The Tree Act, as it's commonly known, is a piece of NSW legislation designed to help neighbours resolve disputes involving trees located on adjoining residential land. It applies in cases where:

• A tree is damaging property (e.g. roots affecting foundations or pipes)
• A tree poses a danger to people or property
• Branches or roots encroach onto neighbouring land
• There is an unreasonable obstruction of sunlight or views (in limited cases)

What Kind of Orders Can the Court Make?

Under the Tree Act, a neighbour can apply to the NSW Land and Environment Court, which may then issue orders such as:

• Trimming or removal of part or all of the tree
• Preventive maintenance to avoid future harm
• Payment of compensation for damage already caused
• Ongoing care orders requiring a landowner to manage the tree responsibly

These orders are legally enforceable and must be followed by the property owner.

Conditions for Making an Application

To apply under the Tree Act:

• The tree must be located on adjoining land that is wholly or mainly residential.
• You must first attempt to resolve the issue informally with the neighbour.
• A written application must be made to the Land and Environment Court, including evidence (e.g. arborist reports, photographs, property damage).

What Information Appears in a Planning Certificate?

Under Section 10.7 of the Environmental Planning and Assessment Act 1979, councils must disclose whether:

"There is an order in force in relation to the land under the Tree (Disputes Between Neighbours) Act 2006."

This information helps prospective buyers understand whether a current or past tree-related court order affects the land—potentially requiring tree maintenance, removal, or limitations on replanting.

Why This Matters for Buyers and Developers

If a tree order is in force:

• You may inherit obligations for tree maintenance or removal.
• Tree-related costs or safety responsibilities may apply.
• Development or landscaping plans could be impacted.

Knowing this before you purchase or renovate helps avoid surprise liabilities or neighbour conflicts.

Disclaimers

Legal Disclaimer: This content is intended to provide a general overview of the relevant legislation and should not be relied upon as legal advice. Property and planning laws are subject to change and may vary depending on specific site conditions and council policies. For advice tailored to your circumstances, please consult a qualified legal or planning professional.

General Disclaimer: This article is provided for general informational purposes only and does not constitute legal, planning, or environmental advice. While every effort has been made to ensure accuracy, the information may not reflect the most recent changes in law or policy. You should seek advice from a qualified professional or relevant authority before making any property-related decisions.